This post is in response to the laws as they pertain to repossession in Florida. Many of these laws are based upon the UCC, but since I am not aware of the laws of every state, your mileage may vary. This is my (non lawyer) opinion of what the law says. As usual, my advice is worth what you paid for it.
In Florida, statute 493.6118 prohibits a repossession agent from carrying a weapon:
9. Carrying any weapon or firearm when he or she is on private property and performing duties under his or her license whether or not he or she is licensed pursuant to s. 790.06.
This makes carrying a weapon during a repossession a crime. If a recovery agent is on private property, they have NO RIGHT to use force to protect themselves, as they are not in a place where they are legally allowed to be. This means that force may be used by the owner of the property to defend themselves against the unlawful use of armed force against the owner of the property. Furthermore, any force that the recovery agent used is unlawful, since they cannot legally be armed on your property.
Why do I dislike repo agents? Well, four years ago, my sister bought a used car. She paid $4,000 in CASH for the car. The car dealer told her that he had not yet gotten the car’s title from the state, and he would send it to her as soon as he got it. Four days later, her car was stolen. She called the cops, and the cops told her that it had been repossessed. The dealer refused to return calls, and had the police escort us from his car lot.
We got a copy of the title application from the state, and the paperwork had been altered after the sale to show that my sister still owed $50 on the car, and that there was a lien on it in that amount. We called the cops. They refused to help, and told us it was a civil matter. So did the state attorney. We sued in small claims, as a lawyer would have cost more than the car. When we got to court, the dealer said that he had already resold the car, so the judge said that he was not going to cheat the new owner of the car out of his money, and dismissed the case.
The law doesn’t work. The cops don’t work. Our legal system is not about right and wrong, it is about who can game the system. It is broken. Get what you can, while you can. That is what our legal system has taught me.